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eform of the current system is in this way dependent upon thorough judicial oversight and national leadership. Mencap is concerned that by removing the single oversight which the system needs, any reforms will be fractured, lacking in leadership and piecemeal. It is also widely recognised that the role of the Chief Coroner requires complete impartiality and independence in order to have full confidence from the public when determining appeals and conducting inquests. This can only be achieved through a specifically appointed individual who is proven to have no vested interests and is universally perceived as such. Inability to respond to users’ needs The proposals to abolish the abolishing the Administrative Justice and Tribunals Council (AJTC) and Courts Boards are of immediate concern. Whilst these bodies appear to perform a largely administrative function, Mencap maintains that they are essential in order to ensure the user perspective is able to influence the design and operation of the justice system. The consultation document itself acknowledges the role of the TPC and the AJTC in particular in ensuring that people who use the system are adequately represented. Understanding the needs of users is an important and challenging function that requires a degree of expertise which is currently well represented in these bodies. People with a learning disability may require extra support to communicate, meaning standard feedback and consultation fails to acknowledge their needs. Public bodies such as the AJTC and Courts Boards have established experience in determining those needs and are better placed to translate this understanding into changes that will improve the ability of people with a learning disability to access the justice system. As such the bodies provide a specialist and technical function in analysis of customer needs which could not currently be replicated elsewhere. Mencap recommends that the bodies are maintained and that the department increases efforts to understand the needs of all users of the system through accessible consultation and feedback from. Lack of clarity on transitional arrangements The programme of change proposed by the Public Bodies Bill has the potential for wide ranging and significant impact on the future of the justice system. It is therefore of considerable concern that the consultation document lacks a full consideration of the need for transitional arrangements to be made. There is a high risk that without these arrangements, essential functions of the justice system will either be www.mencap.org.uk Registered charity number 222377 Page 7 of 10
overlooked or abandoned altogether. It is therefore recommended that full arrangements are made to ensure that the justice system can maintain its full effectiveness both during and after the transitional period. The proposals to abolish the 19m remaining Courts Boards shows a particular lack of concern about transitional arrangements. These boards provide an essential advisory function in translating the diverse needs of the community into good practice. The recommendation to abolish the Boards in favour of increased customer surveys is a key area of concern. In addition to questions already raised about how effective such approaches are in assessing and understanding people’s needs (see “inability to respond to users’ needs, above), there are also concerns that such approaches will not be deliverable immediately. As such there will be an interim period during which the needs of users are not being effectively addressed and community links. It is clear that there has been some consideration of the impact of the proposals, for example the understanding of the need to ensure representation of users on the Tribunal Procedure Committee (TPC). However, in that case it remains unclear as to how this will be achieved or the process for change. Despite vague talk of “transitional arrangements” the current proposals lack clarity on that point. Mencap recommends a full and detailed plan of transition is drawn up for all bodies that are to be abolished in consultation with user groups, existing staff and industry experts. Lack of long term vision Building on transitional arrangements, there is a need to ensure that the justice system is able to operate effectively well beyond this initial period of change. The aim to produce a streamlined, effective justice system necessarily requires a long term vision. The current proposals to abolish the Youth Justice Board will require careful management and the continuity offered by John Drew’s presence during this time of change will no doubt be an invaluable asset. Likewise the experience of Dame Sue Street will ensure there is sufficient focus on the specific requirements of youth justice in the interim period. However, there is a need for a long term strategy to ensure that there is not an over reliance on individuals. As part of the planning process for the future of the justice system, there should be a full consultative review of the long term priorities with relevant stakeholders to inform a complete strategy for delivering an efficient and effective justice system, fit for the future demands and challenges it will face. APPENDIX 1 - About Mencap Mencap is the voice of learning disability. Everything we do is about valuing and supporting people with a learning disability, and their families and carers. We work in partnership with people with a learning disability, and all our services support people to live life as they choose. Our work includes: www.mencap.org.uk Registered charity number 222377 Page 8 of 10
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Page 3 and 4: Stakeholders notified of the public
Page 5 and 6: Victim Support Victims’ Voice Voi
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Page 9 and 10: MoJ can take over reporting process
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Page 13 and 14: even if the functions could be disc
Page 15 and 16: as its Deputy Chairman, that it has
Page 17 and 18: We would be pleased to share a late
Page 19 and 20: Question 2: Do you believe that the
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Page 31 and 32: Mencap’s chief concerns about the
Page 33 and 34: Section 2: Specific and detailed co
Page 35: the future. Mencap believes that th
Page 39 and 40: functioning of these panels. In the
Page 41 and 42: Equally, if the AJTC continues in i
Page 43 and 44: Question 3. Do the proposals have a
Page 45 and 46: Question 10. What are your views on
Page 47 and 48: Question 20. What are your views on
Page 50 and 51: Providing high-quality, flexible se
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Page 56 and 57: Consultation on reforms proposed in
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Page 60 and 61: About Consumer Focus Scotland Consu
Page 62 and 63: 6. It appears from the consultation
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Page 68 and 69: Question 2: Do you believe that the
Page 70 and 71: The principal function of the Magis
Page 72 and 73: The National Archives Question 19:
Page 74: future handling of functions as set
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Page 79: The London EASI Group consider this
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Question 11. Do you believe that th
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Question 20. What are your views on
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ANNEX A - RESPONSE TO CONSULTATION
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new Youth Justice Division. It will
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To understand the youth justice sys
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Introduction 1. JUSTICE is an indep
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8. Secondly and substantively, we d
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The Youth Justice Board Q23. What a
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